Allowed

Nandu Santhosh @ Chichu v. State of Kerala

Kerala HC19 Feb 2024Crl.MC/2715/2022

Case brief

AI extract

What is this about?

The Kerala High Court quashed the final report in a special court case involving sexual offences against a Scheduled Caste girl. The judgment relied on an amicable settlement reached between the accused, the victim, and her parents, holding that further criminal prosecution was unnecessary in light of Supreme Court precedents on settlements.

What did the court decide?

Annexure 1 final report in SC No.438/2020 of Special Court (POCSO Act), Attingal is quashed.

Nandu Santhosh @ Chichu Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945

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CRL.MC NO. 2715 OF 2022

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CRIME NO.15/2018 OF AIROOR POLICE STATION,

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Thiruvananthapuram

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PETITIONER/ACCUSED:

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NANDU SANTHOSH @ CHICHU
AGED 24 YEARS
S/O.SANTHOSH, PUTHEN VEEDU, KAYALARIKATHU,
VENKULAM DESOM, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695311

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENT/STATE & COMPLAINANT:

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1 STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN - 682031

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2 XXXXXXXXXX (VICTIM) XXXXXXXXXX XXXXXXXXXX

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3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

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4 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV A.CHANDRA BABU

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SR.PP-SRI.VIPIN NARAYANAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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CRL MC NO.2715/2022

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..2..

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SOPHY THOMAS , J

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=========================

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Crl.M.C.No.2715/2022

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========================== Dated this the 19^th day of February, 2024

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ORDER

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This Crl.M.C. under Section 482 of CrPC is filed by the sole accused in Crime No.15/2018 of Ayiroor Police Station, Thiruvananthapuram, registered under Section 354A(1)(i) of IPC, Section 7 r/w 8 of POCSO Act and Section 3(1)(w)(i) of SC/ST (PoA) Amendment Act, pending as SC No.438/2020 on the file of Special Court (Protection of Children from Sexual Offences Act) Attingal, for quashing Annexure 1 final report.

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The prosecution allegation is that, on 04.01.2018 at 12 PM, the petitioner – who belongs to Ezhava Community, induced the 2^nd respondent/victim – who belongs to a Scheduled Caste, to come out of her house, and when she came out, the petitioner after holding her, started kissing and touching her private parts. Though she tried to escape, he forcefully outraged her modesty.

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When the matter is taken up for consideration,

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..3..

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CRL MC NO.2715/2022

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learned counsel for the petitioner would submit that, the matter has been amicably settled and he produced Annexures 2 to 4, affidavits filed by the victim and her parents, stating that the entire dispute has been settled, and they are not intending to prosecute this matter any further.

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Learned Public Prosecutor obtained instructions regarding the settlement, and produced signed statement of the de-facto complainant, in which she has stated that, she has no objection in quashing Annexure 1 final report and the proceedings pursuant thereto. Since the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.

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In the light of the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement.

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In the result, this Criminal Miscellaneous Case is allowed, and Annexure 1 final report in SC No.438/2020 on the file of

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CRL MC NO.2715/2022

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..4..

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Special Court (Protection of Children from Sexual Offences Act)

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Attingal, stands quashed.

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Sd/-

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SOPHY THOMAS JUDGE

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ACR

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..5..

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CRL MC NO.2715/2022

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APPENDIX OF CRL.MC 2715/2022

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PETITIONER ANNEXURES

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Annexure 1TRUE COPY OF THE FINAL REPORT IN SC
NO.438/2020 OF THE SPECIAL COURT
(PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT), ATTINGAL ARISING FROM
CRIME NO.15/2018 OF AYIROOR POLICE
STATION.

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Annexure 2TRUE COPY OF THE AFFIDAVIT FILED BY
THE 2ND RESPONDENT.

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Annexure 3TRUE COPY OF THE AFFIDAVIT FILED BY
THE 3RD RESPONDENT.

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Annexure 4TRUE COPY OF THE AFFIDAVIT FILED BY
THE 4TH RESPONDENT.

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Annexure 5TRUE COPY OF ORDER DATED 16.07.2021 IN
SPECIAL LEAVE TO APPEAL (CRL)NO.2782/
2021 OF THE APEX COURT.

Nandu Santhosh @ Chichu v. State of Kerala

Case brief

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Nandu Santhosh @ Chichu v. State of Kerala

Case brief

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